Alatex, Incorporated

Plain-English summary

The four consolidated cases concerned whether the power-transmission standard applied to industrial sewing-machine apparatus. At Alatex’s request, proceedings were stayed pending the Commission’s decision in Van Raalte, which the company agreed would control. After that decision, one contested item in each docket was affirmed but reclassified as de minimis. The Commission affirmed the judge’s order without substantive review. Commissioner Moran agreed that the citations were controlled by Van Raalte but disagreed with the de minimis classification.

Decision snapshot

• Cited standard(s): 29 C.F.R. § 1910.219
• Outcome: One item in each of the four dockets was affirmed as a de minimis violation.
• Key point: The parties agreed that the Commission’s Van Raalte ruling on industrial sewing-machine power-transmission apparatus would dispose of these cases.

Full text (OSHRC public release)

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Clean

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EN-US
X-NONE
X-NONE

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET � NOS.
13078, 13079, 13579 and 13580

ALATEX,
INCORPORATED,

���������������������������������������������
Respondent.

January
5, 1977

DECISION

Before BARNAKO, Chairman; MORAN and CLEARY,
Commissioners.

����������� This
case is before the Commission pursuant to a sua
sponte order for review. The parties have filed no objections to the
Administrative Law Judge�s decision, either by way of petitions for
discretionary review or response to the order for review. Accordingly, there
has been no appeal to the Commission, and no party has otherwise expressed
dissatisfaction with the Administrative Law Judge�s decision.

����������� In
these circumstances, the Commission declines to pass upon, modify or change the
Judge�s decision in the absence of compelling public interest. Abbott-Sommer,
Inc ., 3 BNA OSHC 2032, 1975�76 CCH OSHD para. 20,428 (No. 9507, 1976); Crane
Co ., 4 BNA OSHC 1015, 1975�76 CCH OSHD para. 20,508 (No. 3336, 1976); see
also Keystone Roofing Co., Inc., v. O.S.H.R.C. , 539 F.2d 960, 964 (3d
Cir. 1976). The order for review in this case describes no compelling public
interest issue.

����������� The
Judge�s decision is accorded the significance of an unreviewed Judge�s
decision. Leone Constr. Co. , 3 BNA OSHC 1979, 1975�76 CCH OSHD para.
20,387 (No. 4090, 1976).

����������� It is
ORDERED that the decision be affirmed.

�

DATED: January 5, 1977

FOR THE COMMISSION:

William S. McLaughlin

Executive Secretary

(SEAL)

�

MORAN, Commissioner, Concurring in Part, Dissenting in
Part:

����������� Since
respondent agreed that the decision in Secretary v. Van Raalte
Company, Inc ., OSAHRC Docket No. 5007, April 19, 1976, would be dispositive
of the instant case, I agree with the Judge�s affirmance of the contested
citations. However, for the reasons given in my dissenting opinion in Van Raalte , these violations should not be classified as de
minimis. Furthermore, for the reasons expressed in my separate opinion in Secretary
v. Schultz Roof Truss, Inc. , OSAHRC Docket No. 14046, December 20, 1976, I
disagree with the manner in which my colleagues are
disposing of this case and with their views regarding the significance of
decisions rendered by Review Commission Judges.

UNITED STATES OF AMERICA

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SECRETARY
OF LABOR,

��������������������������������������������
Complainant,

������������������������ v.

OSHRC
DOCKET � NOS.
13078, 13079, 13579 and 13580

ALATEX,
INCORPORATED,

���������������������������������������������
Respondent.

April 23, 1976

ORDER

Chalk, Judge

����������� On
motion of Respondent, the proceedings in these consolidated cases were stayed
by the Commission on August 22, 1975, pending its decision in Secretary v.
Van Raalte , Incorporated , Docket Number 5007,
April 19, 1976. In said motion, Respondent averred that the sole issue in each
case was the applicability of 29 CFR 1910.219 to the power transmission
apparatus of industrial sewing machines and agreed that the Commission�s
decision in Van Raalte would be dispositive
here.

����������� In
Docket Number 13078, item 2 of Citation number 1 for nonserious violations,
modified to allege a de minimus violation, is
affirmed. In Docket Number 13079, item number 7 of Citation number 1 for
nonserious violations, modified to allege a de minimus
violation, is affirmed. In Docket Number 13579, item number 1(a) of Citation
number 1 for nonserious violations, modified to allege a de minimus
violation, is affirmed. In Docket Number 13580, item number 7(a) of Citation
number 1 for nonserious violations, modified to allege a de minimus
violation, is affirmed.

�

So
ORDERED.

�

JOSEPH L. CHALK

Judge, OSHRC

Dated: April 23, 1976

�

Washington, D.C.